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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Alexander M'Pherson v Robert Ettles. [1787] Hailes 1021 (28 February 1787)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 MESSENGER.
Date: Alexander M'Pherson
v.
Robert Ettles
28 February 1787 Click here to view a pdf copy of this documet : PDF Copy
In this case, the Lords were of opinion:—1st, That the constituent was liable for the act of the messenger in whose hands he had put the diligence,
and that there was no occasion to prove that he had actually authorised the diligence to be executed. 2dly, That damages might be claimed and awarded, although the quantum of the damages be not ascertained. 3dly, And, which is more material, that to oblige a man, unnecessarily, to find caution, by the intervention of friends, is in itself a damage; but, in respect of the poverty of the respondent Ettles,— The Lords, 23d February 1787, “modified the damages to L. 5 sterling;” altering the interlocutor of Lord Elliock, who had found expenses due, but no damages.
Act. Mat. Ross. Alt. Wm. Honeyman.
The electronic version of the text was provided by the Scottish Council of Law Reporting